HomeMy WebLinkAboutcc min 1976/09/14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday September 14, 1976
A regular meeting of the City Council of the City of Chula Vista, California, was
held on the above date beginning at 7:00 p.m. in the Council Chambers, City Hall,
276 Fourth Avenue, with the following
Councilmen present: Mayor Hamilton, Councilmen Hyde, Cox, Egdahl, Hobel
Councilmen absent: None
Staff present: City Manager Cole, City Attorney Lindberg, Director of Planning
Peterson, Director of Public Works Robens, Director of Parks
and Recreation Hall
The pledge of allegiance to the Flag was led by Mayor Hamilton followed by a moment of
silent prayer.
1. APPROVAL OF MINUTES It was moved by Councilman Cox, seconded by
Councilman Egdahl and unanimously carried
that the minutes of the meeting of September
7, 1976 be approved, copies having been sent
to each Councilman.
SPECIAL ORDERS OF THE DAY
2. ALL STATES PROGRAM - Mayor Hamilton read the Proclamation saluting
OREGON the State of Oregon.
ORAL CO~qUNICATIONS
Ken Green Mr. Green stated he is the owner/developer of
865 Fairway Court property located east of Hilltop Drive on
Chula Vista the south side of Telegraph Canyon Road.
Recently the City Council approved instal-
lation of a trickle channel along this property
comparable to the one that goes through
Hilltop Park with the City and the developer
participating in the construction on a 50/50
basis. Extensive engineering work is now
required by an outside engineering firm at
an estimated cost of $2,310, making the total
cost approximately $9,310. ~. Green has
been informed that the City will not partici-
pate in this additional engineering cost and
he requested Council consideration in this
matter.
Requirement for In answer to query from Councilman Hyde,
cement lining ~. Green stated that the additional cost
is due to the requirement that the channel
have a cement lining, which would not have
been a normal cost to the developer.
Director of Public Works Robens confirmed
that the construction did require the work
of an engineering firm in order for the channel
to function properly.
Motion to include City It was moved by Councilman Hyde and seconded
participation in engineering by Councilman Hobel that the previous Council
cost action be amended to include the engineering
as well as performance cost involved in this
project.
City Council Meeting -2- September 14, 1976
Council discussion Discussion ensued concerning problems identi-
fied with the construction of the channel.
Motion carried ~otion for City participation in engineering
cost carried unanimously.
PUBLIC HEARINGS AND RELATED RESOLUTION
3. PUBLIC HEARING - The applicant has submitted a precise plan
CONSIDERATION OF PRECISE for the construction of a 2,140 square foot
PLAN FOR DENTAL OFFICE single story dental office building on a
BUILDING AT THE SOUTH- 12,800 square foot parcel located at the
WEST CORNER OF HALE AND southwest corner of Hale Street and Halecrest
HALECREST IN C-O-P ZONE Drive in the C-O-P zone.
On August 23, 1976 the Planning Commission
recommended that the City Council certify the
Negative Declaration and approve the precise
plan in accordance with Resolution PCM-76-17
subject to the nine conditions contained in
the Resolution.
Petition against Director of Planning Peterson outlined the
approval of Precise Plan grading and elevation of the property and
noted that access to the site is from Hale
Street. He also commented on a petition
received signed by 53 residents in the vicinity
expressing their concerns regarding access
and security. They felt access should be from
Halecrest Drive rather than Hale Street and
that the parking area should be toward the
easterly edge of the property so that it would
be more readily observable by patrol cars on
Halecrest Drive.
Mr. Peterson stated that staff concurred with
Planning Commission recommendation of approval.
Council discussion Council discussed the traffic hazards, no
street parking on Hale Street, fencing and
walls, traffic flow into the parking lot,
and security factors, including closing
access to the parking lot during non-business
hours and security lighting.
Public hearing opened This being the time and place as advertised,
~ayor Hamilton opened the public hearing.
Speaking in opposition Opposing the precise plan were Gary Wilson,
490 Hale Street; Mrs. Ronald Hale, 484 Hale
Street; Joy Short, 839 Halecrest Drive; and
Newton Chaney, 292 Sea Vale Street~
Their reasons were: 1) not against the business
but concerned with the matter of security;
2) traffic congestion and speed; 3) potential
accidents; 4) noise factor; 5) favoring the
entrance off Halecrest; 6) if lot has to be
regraded, recommend parking on the front end
of the lot; 7) Chaney -- the lot is mis-zoned;
it is a commercial lot in a residential zone.
The Council should adhere to the principles
of the General Plan and take a look at the
zonings of the entire city.
Public hearing closed There being no further comments, either for
or against, the public hearing was declared
closed.
City Council Meeting -3- September 14, 1976
Council discussion Council discussion ensued concerning the
engineering report and the possibility of it
altering the plan.
Motion to continue It was moved by Councilman Hyde, seconded by
Councilman Cox and unanimously carried that the
hearing be continued for two weeks (to September
28, 1976) in order that the Council may receive
a report of the engineering survey of soil
conditions relating to this project.
Request for reconsideration Councilman Hyde asked that if the property
by staff is to be recompacted, that the staff reconsider
its position on this site.
Fbtion for traffic counter It was moved by Councilman Hobel, seconded by
Councilman Cox and unanimously carried that
the staff put a traffic counter on the Halecrest
to Hale area during this period of time.
Motion for stop sign It was moved by Councilman Egdahl, seconded by
Councilman Hyde and unanimously carried that
the matter of considering a stop sign on the
corner of Hale, stopping traffic on Hale
entering Halecrest , be referred to staff and
~ the Safety Commission.
3. a. RESOLUTION - (Continued to the meeting of September 28, 1976)
APPROVING PRECISE PLAN
FOR MAX GRHER, D. D. S.,
DENTAL OFFICE BUILDING
AT THE SOUTHWEST CORNER
OF HALE STREET AND
HALECREST DRIVE, AND
CERTIFYING THE NEGATIVE
DECLARATION
4. PUBLIC HEARING - In a written report to Council, the Director
CONSIDERATION OF APPEAL BY of Planning discussed the City Council's
CAROL S. SMITH OF PLANNING concern about the disruptive impact of multiple-
CO}~4ISSION DECISION NOT TO family development occurring in areas zoned
REZONE PROP£RTY AT WESTERLY R-3 but developed with single-family homes.
TERMINUS OF SEA VALE STREET, As a result of studying these "neighborhoods-
NORTH OF THIRD AVENUE in-transition," two corrective rezonings have
EXTENSION, FROM R-3 TO R-1 been finalized by the Council. The property
(PCZ-76-I) in question is the third area to receive
consideration for rezoning from R-3 to
and consists of two parcels, 1.45 acres of
land, located on a ridge line overlooking the
Third Avenue Extension area. Each parcel is
occupied by a well-maintained single family
dwelling.
The Planning Commission, by a 2-4 vote, failed
to adopt a motion recommending approval of the
subject rezoning (PCZ-76-I).
Director of Planning Peterson stated that
the planning staff feels the property does
relate more to the detached single-family
home area adjacent to the east and is quite
well separated from the commercial zone on
Third Avenue Extension by the drop in topo-
graphy. The staff recommends rezoning to R-1.
City Council Meeting -4- September 14, 1976
No contact by owners In answer to query from Mayor Hamilton, Mr.
Peterson said that the owners of the two
pieces of property did not speak at the public
hearing held by the Planning Department, nor
has the Planning Department had any written
communication from them in this regard°
Public hearing opened This being the time and place as advertised,
the public hearing was opened by Mayor Hamilton.
Carol S. Smith Mrs° Smith filed the appeal of the Planning
275 Sea Vale Commission decision and said she was representing
Chula Vista the majority of neighbors in the area who felt
the property should be rezoned to R-1 as it is,
in fact, being used as R-1. She presented a
note from Zilla Brassey of 315 Sea Vale Street
asking that it be rezoned to R-l, and read a
letter from Louis and Dorothy Rudolph (owners
of a portion of the property) also requesting
the rezoning.
Dorothy P. Davies ~lrs. Davies (owner of a portion of the property
309 Sea Vale involved) stated she has lived at this address
Chula Vista for forty years. She asked when and why the
property was zoned R-3 as she did not know
this until it was called to her attention
by Mr. Chaney. She said there is room on the
lot for one or two more houses and asked that
the zoning remain R-3 in the interest of future
people who might own it.
Citizens speak in Peter Watry, 81 Second Avenue; Newton Chaney,
favor of rezoning 292 Sea Vale; Carol Williams, 299 Sea Vale;
and Edward Hart, 203 Sea Vale spoke in favor of
rezoning from R-3 to R-l, stating that the
property in the area is vulnerable to multi-
unit development which they do not wish to
see; they do not want to be "closed in" and
asked Council assistance to maintain the
residential neighborhood.
Ray Yoder Mr. Yoder spoke against the rezoning stating
296 Sea Vale he supported the Planning Commission actionv
Chula Vista He felt any change would devalue the property
which is enhanced by R-3 zoning and that the
property is close enough to the redevelopment
area that it should remain R-3.
Council discussion Council discussed clustering or group dwellings,
use of conditional use permit for development,
and waiver of fees in connection with the
property owned by Mrs. Davies in the event
the property was rezoned.
Sid Morris ~. Morris spoke concerning property rights
862 Cedar Avenue of citizens and felt this rezoning was in
Chula Vista effect taking away the property rights of
owners.
Public hearing closed There being no further comments, either for
or against, the public hearing was closed.
Council discussion Council discussion followed including problems
related to mis-zoning, comments made by
Morris, R-3 zones used as buffers between com-
mercial and R-1 property, methods which could
be used to protect current owners of property
in question, legal aspects of various alternatives,
basic ordinance referring to group dwelling units
allowed in residential zones, and possibility of
R-I-P zoning.
City Council Meeting -5- September 14, 1976
Motion to grant appeal It was moved by Councilman Egdahl and seconded
by Councilman Hyde that the appeal be granted;
uphold the planning staff's position, and
direct that the matter be referred back to the
Planning Conunission for rezoning.
Motion carried The motion carried by the following vote, to-wit:
AYES: Councilmen Egdahl, Hobel, Hyde, Cox
Noes: Mayor Hamilton
Absent: None
Motion for staff assistance It was moved by Councilman tlyde and seconded
in development plans by Councilman Egdahl that the staff be directed
to make contact with the property owner% who
have an interest in future development of their
property that the Council has initiated rezoning
action o% to determine their interest and to do
whatever is possible, within the constraints
of the City Ordinance, to assist them in develop-
ing a plan for future development of that prop-
erty which is compatible with R-1 zoning; and
that staff take the initiative in providing such
assistance.
Waiver of fees and At the suggestion of Councilman Hobel, Councilman
report to Council Hyde included in his motion the "no fee" on
the part of the property ownersto the extent
that it is legal and that a specific report
come back to the Council on what has taken
place, with a "blurb" from the City Attorney
regarding the legal aspects; the report to
come back in 30 days relating strictly to the
matter of contact with property owners.
Clarification of motion Councilman Hyde clarified his motion that it
is simply to advise the property owner of
what possibilities there are for development
and in the light of what she (Mrs. Davies) has
indicated she would like to do - what she can
do - and to assist her in pursuing those plans
if she chooses to do so.
Motion carried The motion carried unanimously.
RECESS A recess was called at 9:00 p.m. and the
meeting reconvened at 9:17 pom.
CONSENT CALENDAR It was moved by Councilman Cox, seconded by
Councilman Egdahl and unanimously carried
that the Consent Calendar be approved and
adopted.
5. RESOLUTION NOo 8319 - The final map for Bonita Ridge Estates, [Init #2
APPROVING MAP OF BONITA Subdivision has been checked by the Engineering
RIDGE ESTATES UNIT #2 Division and found to be in conformity with
SUBDIVISION ACCEPTING ON the tentative map approved by the City Council
BEHALF OF THE PUBLIC THE on February 5, 1974 by Resolution No. 7165 upon
PUBLIC STREETS DEDICATED which the Planning Commission granted an exten-
ON SAID MAP, AND ACCEPTING sion of time to August 5, 1977.
ON BEHALF OF THE CITY OF
CHULA VISTA THE EASEMENTS The subdivider has paid all fees and submitted
GRANTED ON SAID MAP ~ITHIN the required documents, including a letter of
SAID SUBDIVISION credit. Approval of the final map includes the
dedication of a portion of Ridgeview Way and
Ridgeview Court. Also dedicated to the City are
Lots 116 and 117 for park, recreation and open
space use.
City Council Meeting -6- September 14, 1976
6. RESOLUTION NO. 8320 - V. & V. Development, Inc. has paid all required
APPROVING AGREEMENT FOR THE fees, posted all necessary bonds and has executed
COMPLETION OF IMPROVEMENTS IN the Subdivision Improvement Agreement which
BONITA RIDGE ESTATES, UNIT #2 contains no unusual conditions. The agreement
SUBDIVISION AND AUTHORIZING and letter of credit in the amount of $169,675
THE MAYOR TO EXECUTE SA~ guarantees the installation of the public
improvements.
7. RESOLUTION NOo 8321 - The City Council, by Resolution No. 7584 on
DEDICATING AND NAMING ONE FOOT January 7, 1975 accepted the one foot control
CONTROL LOT "A" OF BONITA lot "A" in Bonita Ridge Estates Unit #1 Sub-
RIDGE ESTATES, UNIT #1 UPON division, Map 8044. Approval of the final map
RECORDATION OF BONITA RIDGE negates the need for this one foot control lot
ESTATES, UNIT #2 SUBDIVISION since the developer is extending and is installing
FINAL ~P the public improvements of Ridgeview Way as a
condition of approval of the final map.
8o RESOLUTION NO~ 8322 - The applicant requested a variance to create
GRANTING THE APPEAL OF A DENIAL one lot on a parcel of land without street
OF A VARIANCE TO PATRICIA GOVE frontage comprising some 25~000 square feet°
(PCV-76-8) AND AUTHORIZING THE On September 7, 1976 the City Council considered
CREATION OF ONE LOT WITHOUT an appeal of Mrs. Patricia Gove of Planning
STREET FRONTAGE Commission denial of the variance. The findings
in the resolution reflect the evidence considered
by the Council and their approval of the variance.
9. RESOLUTION NO. 8323 - On August 30, 1976 T. B. Penick and Sons, Inc.
ACCEPTING PUBLIC IMPROVEMENTS - completed the construction and maintenance
MUELLER NEIGHBORHOOD PARK period for ~eller School Neighborhood Park.
IMPROVE~NTS This project was constructed under the Block
Grant Program to establish a park area in the
section of Chula Vista, west of Broadway as
directed by the Council. A final inspection
of the work was made on August 31, 1976 and all
work was found to be completed in accordance
with the contract documents dated April 27, 1976
approved by Resolution No. 8132.
(End of Consent Calendar)
REPORT OF THE CITY MANAGER
10. REPORT ON SUeR In a written report, City ~nager Cole outlined
SYMPHONY PROGRAM the approximate costs of a concert series next
summer and the manner in which they could be
funded: Three symphonies for about $20,000
and with matching NEA funds apparently available,
the City's cost would be about $10,000 plus
$1,000 in advertising costs.
The Navy and Marine Corps bands indicated their
availability and the only costs would be $75
per round trip for transportation. The use of
local high school bands would be unlikely (during
the summer months).
Motion to accept report It was moved by Councilman Hobel and seconded
by Councilman Egdahl that the report be accepted
and staff be instructed to proceed with pre-
paration for summer program, with the comment
that while the high school bands could not
respond firmly because they are off during the
summer session, that in the spring time when
the weather is good that possibly that avenue
could be left open (for a high school concert).
City Council Meeting -7- September 14, 1976
Amendment to motion It was moved by Councilman Hyde that the motion
be amended to establish a tentative ceiling of
$5,000 of City funds for participation.
The motion for amendment died for lack of
a second.
Motion carried The motion to accept report carried unanimously.
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
11. REPORT ON HANDICAPPED On June 29, 1976 Council adopted a resolution
PARKING SPACES designating handicapped parking spaces at the
new library and directed that staff observe
the use of these spaces and report if the number
designated is sufficient. In a written report
the City Librarian stated that at the present
time the five spaces designated for the handi-
capped appears to be adequate. Staff has
received no complaints about the location or
availability of space.
Report accepted It was moved by Councilman Cox, seconded by
Councilman Hyde and unanimously carried that
the report be accepted.
ADDITION TO REPORT OF CITY MANAGER
10. a. Addition of items on City ~nager Cole stated that the Council
Council Conference agenda Conference scheduled for 3:30 p.m. tomorrow
(September 15, 1976) was noticed for a presen-
tation by the consultant and the County staff
on the South County Regional Center. He asked
if the Council would consider adding to the
agenda a Resolution of Intention to include
as a part of the City's joint powers authority
the development of a cultural center; and as
a second item, to consider the Public Works
Employment Bill projects.
It was moved by Councilman Cox, seconded by
Councilman Hyde and unanimously carried that
these two items be added to the agenda for
the Council Conference.
City Manager to be absent It was moved by Councilman Hobel, seconded
by Councilman Egdahl and unanimously carried
that the City Manager's request to be absent
a few days in the month of September be
granted, (vacation)
12. REPORT ON THE OPERATION OF At the last budget hearings, the Council
THE CITY ATTORNEY'S OFFICE directed that a reevaluation of the Assistant
AND THE RESPONSIBILITIES OF City Attorney's position be made in six months
THE ASSISTANT CITY ATTORNEY (first part of September).
City Attorney Lindberg submitted a detailed
analysis of the responsibilities of this
position.
Motion to accept report It was moved by Mayor Hamilton, seconded by
and schedule Council Conference Councilman Hyde and unanimously carried that
the report of the City Attorney be accepted and
a Council Conference be set for discussion of
this item on October 13, 1976 along with other
items that may come up.
City Council Meeting -8- September 14, 1976
13. REPORT ON EMPLOYEE On August 24 and August 25, 1976 a ballot
REPRESENTATIVE NOMINEES election was held by the City's classified
FOR APPOINTMENT TO CIVIL full-time employees° The result of the election
SERVICE CO~ISSION have been tallied as follows:
Name Address Votes
Ruth P. Beaty 497 "F" Street 60
Rudy Ledesma 441 East ~ntclair 54
O. A. Gloria Honea 148 Rivera Court 32
Lita David 145 Ranier Court 5
Interviews scheduled at It was moved by Councilman Hyde and seconded
Council Conference by Councilman Egdahl that interviews be sched-
uled for the first week in October, an afternoon
meeting, and following it to consider the matter
of the reevaluation of the Assistant City Attorney
position.
Date certain Councilman Hyde amended his motion to the
second Wednesday in October (October 13) at
3:30 p.m. The second agreed to the amendment
and the motion carried unanimously.
}~{AYOR'S REPORT
Charter Review Committee ~ayor Hamilton said that he had received
nominations from Councilman Cox and Councilman
Hyde for members to the Charter Review Committee,
but had not received recommendations from
Councilman Egdahl and Councilman Hobel. He
asked if they would please get their recommenda-
tions to him so he could appoint the committee
for the Charter review.
Housing Element Committee Mayor Hamilton also noted that the Housing
Element Committee (appointed by the ~layor and
ratified by the Council) has had 3 resignations:
Mr. Dale {~rton resigned on August 12, Mro
Joe Skrycki resigned due to health, and 5@.
Robert Barrick due to his promotion in the
bank. Mayor Hamilton said he would select
three people and bring the names back to the
Council for ratification at the next Council
meeting.
Motion to select members It was moved by Councilman Hyde, seconded
by Councilman Hobel and unanimously carried
that the Housing Element Committee members
be selected and appointments ratified.
REQUESTS AbeD STATEMENTS OF COUNCILM~N
Parking problem Councilman Hyde felt there was a serious problem
concerning parking in the "L" in front of the
Civic Center. People who have legitimate
business at City Hail and related facilities
have difficulty getting in to conduct their
City business.
It was moved by Councilman Hyde and seconded by
Councilman Cox that the staff make recommendations
to the Council as to whetheror not it would be
appropriate to put up signs which would have a
legend to the effect that "these parking spaces
are for visitors to the Civic Center complex onlyo"
City Council Meeting -9- September 14, 1976
Problem concerning Councilman Hyde said he had received a call
dog license from a concerned citizen regarding his dog
license. Mayor Hamilton commented that several
members of the Council and staff had received
a similar call and that the City Manager was
handling the situation.
Administrative procedures Councilman Hyde stated that he assumed this
for dog licenses to be means the administrative procedures will be
modified modified so that a dog tag that has unexpired
time on it can be transferred to another
animal provided it meets all the requirements
and the owner pays an administrative transfer
fee.
Traffic safety matter It was moved by Councilman Cox, seconded by
referred to staff and Councilman IIyde and unanimously carried
Safety Commission that the matter of accidents and potential
accidents at the corner of Rutgers and Otay
Lakes Road be referred to staff and the Safety
Commission to look into the possibility of doing
something to alleviate the situation.
Councilman Egdahl Councilman Egdahl requested that he be per-
to be absent mitted to be absent from the Council meeting
of October 5 and the Redevelopment Agency
meeting of October 7, as he will have to be
out of the City.
It was moved by Councilman Hyde, seconded by
Councilman Cox and unanimously carried that
Councilman Egdahl be give permission to be
absent October S and 7, 1976.
Representative from Councilman Egdahl voiced his concern over
South Bay on LAFCO the fact that the Alternate to LAFCO is Mr.
Skuba of Escondido. If the South Bay's rep-
resentative, Mayor Kile Morgan of National
City cannot attend the meetings, it means
that South Bay would have no representation.
Since this is a San Diego County Mayor's
appointment, Councilman Egdahl asked Mayor
Hamilton to discuss this matter at the next
Mayor's meeting.
ADJOURNMENT Mayor Hamilton adjourned the meeting at 9:42
p.m. to the Council Conference with the con-
sultants and County representatives regarding
the South County Regional facility scheduled
for Wednesday, September 15, 1976 at 5:50 pom.
JENNIE M. FULASZ, CMC
City Clerk
By ~ ~Dep~ut~ City Clerk